Can I work while my refugee claim is being processed?
Short answer
In Canada, a work permit may be issued to a person whose refugee claim has been referred to the Refugee Protection Division and has not yet been decided, if they cannot subsist without working (s. 206 of the Immigration and Refugee Protection Regulations).
In detail
Section 206 of the Regulations covers two situations: a refugee claim that has been referred to the Refugee Protection Division and not yet decided, and a removal order that cannot be enforced. In both cases the condition is the same: the person cannot subsist without working.
A work permit is not automatic simply because a refugee claim has been made: it has to be applied for, and the claim must have been referred. The Regulations also provide, for certain claimants, that no permit may be issued until 180 days have passed since the claim was referred.
Working without being authorized to do so can have immigration consequences. If your situation is unusual, a legal aid office or a lawyer can tell you what applies to your file.
What to document
The date you filed your refugee claim, the date it was referred to the Refugee Protection Division, the document confirming the referral, the date of your work permit application, and the date the permit was issued.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
Related questions
- What services can I get in Quebec while my refugee claim is being processed?
- Can I get legal aid for my refugee claim in Quebec?
- How many hours can I work on my study permit?
- Can I sponsor my partner if we are not married?
- What proves my relationship is genuine for a sponsorship?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.